State Ties Key For Indians

Bia Decision Opens Door To More Tribes

The federal Bureau of Indian Affairs' recognition of the historical Eastern Pequots this week has thrown open a door wide enough that two more Indian tribes may be able to scramble through.

Before the end of the year, the BIA will rule on two petitions from Connecticut tribes -- the Schaghticokes in November and the Golden Hill Paugussetts in December. With both tribes, a long history of state recognition is the foundation of their request to be granted federal acknowledgement.

Monday's unexpected decision to recognize two factions of Eastern Pequots as one tribe was bolstered substantially by the long history of the Indians' relations with the state, a review of the nearly 400 pages making up the ruling shows.

Schaghticoke Tribal Nation chief Richard Velky called this week's decision a very ``good signal'' for his tribe's petition.

``We were recognized by the state for over 280 years. It shouldn't be thrown away just because we are going for federal recognition,'' Velky said. ``We were here before the state was here. We didn't just come out and proclaim ourselves to be native Americans.''

Again and again in the Eastern Pequot decision, the BIA cites the crucial importance of state recognition -- and debunks arguments by the state and towns of Ledyard, North Stonington and Preston.

Connecticut's own governmental records -- reports from state-appointed overseers of the Indian reservation, actions by the state legislature, investigations into inter-tribal conflict in the 20th century -- provide much of the essential underpinning to prove that the tribe ``has existed from first sustained contact with Europeans until the present.''

``There was a special relationship based on the distinct nature of the tribes for which the colony/state bore responsibility,'' the decision reads. It points to a long history of relations with state Indian tribes, frequent legislation concerning the tribes over the years and regular communication with a formal tribal group.

``A detailed review of the history and documents indicates that Connecticut has maintained an uninterrupted, continuous relationship with the Eastern Pequot tribe from colonial times to the present,'' BIA researchers wrote. ``Connecticut, throughout the period, defined its tribes as distinct political entities.''

In the case of the historical Eastern Pequots, hundreds of years worth of reports from state reservation ``overseers,'' often dismissed by the state and towns, were found to be of great significance, as was the continuing existence of ``a single land base which the tribe has occupied since colonial times.''

``Throughout this time period, there remained a reservation enclave with a majority of the tribal members,'' the decision states. ``The appointment of overseers for the Eastern Pequot reservation by the colony of Connecticut itself provides data about the continuous existence of the tribal entity ... The historical record clearly demonstrates the presence and continuous existence of the historical Eastern Pequot tribe.''

Lawyers opposing the Schaghticokes, with a reservation in Kent, have argued that the state ``never treated the Indian groups under its jurisdiction as distinct social communities'' -- a point specifically rejected in the recent Eastern Pequot decision. In documents recently filed with the BIA, the state and others opposing the Schaghticokes, including the Kent School, argue the state has not recognized tribes as ``a sovereign community, but as a small group of persons in need of care.''

Kent First Selectwoman Dolores R. Schiesel said her town is especially worried about the BIA decision and what it might mean for the Schaghticokes, who like the Paugussetts and historical Eastern Pequots are interested in building a casino.

Michael O'Connell, a lawyer for the Golden Hill Paugussetts -- who also have emphasized their long history of state recognition and the existence of reservation land -- said the new BIA ruling is a watershed for tribes in the eastern United States. Unlike western tribes, eastern tribes have always been more dispersed and assimilated, so state recognition is critical.

``We see it as the lynchpin to the analysis by the BIA on the determination of the existence of a tribe,'' O'Connell said.

The Paugussetts have ``clear records'' of reservation overseers, land deals and other items that demonstrate a relationship between colonial and state government and the tribe, he said.